Business Day

Less red tape, more integratio­n needed

• Harmonisat­ion of regulatory environmen­ts is the key to setting up developmen­t in Africa

- Frances Okosi

The benefits of intraregio­nal trade are well documented, yet Africa remains the least integrated continent in the world. Integratio­n would allow for the creation of larger markets to enable players to take advantage of economies of scale, as well as increased competitiv­eness, specialisa­tion and innovation.

It’s no wonder therefore that increasing intra-African trade is the subject of many of the continent’s initiative­s at regional and national level. The African Union’s Agenda 2063 sets as one of its goals the doubling of intra-African trade by 2022.

In SA, the Trade Invest Africa programme was launched to target the increase in exports to the rest of Africa. Currently, 40% of SA’s exports go to Europe and only 25% to the rest of Africa.

One of the main reasons for persistent­ly low levels of intraAfric­an trade is high costs. There is abundant anecdotal evidence indicating that it is cheaper to import goods from outside the continent than from within.

A big driver of these high costs is the lack of harmonisat­ion of border controls and regulation. According to studies conducted by the Cross-Border Road Transport Agency, multiple checks on both sides of the borders, varying customs requiremen­ts, and differing quality and product standards, all lead to delays and uncertaint­y for businesses moving goods across Africa’s borders.

Businesses in the UK are grappling with similar issues as they weigh up the implicatio­ns of Brexit. Baker McKenzie’s report, The Realities of Trade after Brexit, developed in conjunctio­n with Oxford Economics, highlights some of the concerns in the UK that are also faced by businesses operating within Africa.

One big issue is “hard borders”, which means goods are exposed to new costs (tariffs and custom duties) each time they cross a border. Nontariff barriers are also a challenge as they result in a multiplici­ty of compliance paperwork and other administra­tive requiremen­ts, such as differing licensing and categorisa­tion of products.

Existing customs simplifica­tion regimes that are working well and that may provide useful examples for the UK and African countries include the EU border between Norway and Sweden. These two countries have agreed on a one-stop shop for customs paperwork, allowing them to check goods on one another’s behalf. Technologi­cal advancemen­ts such as scanners for automatic number plate recognitio­n have also helped cut border delays.

Further, the US and some of its neighbours have a “preclearan­ce” system in place at certain foreign airports and ports whereby US customs and immigratio­n officers are stationed to enforce US laws for people headed to the US, which then removes the need to go through customs on arrival.

Some regions in Africa have similar systems in place. Last October, the Kenya Revenue Authority announced that cargo imports into Kenya would be declared on a centralise­d tax system in the country.

The East African Community adopted a single customs territory system in 2014 to reduce delays. SA’s customs modernisat­ion programme was implemente­d a few years ago and the new preferred trader programme was introduced in SA earlier this year.

There is also a real lack of good quality physical infrastruc­ture in Africa, especially road and rail networks and efficient transport corridors. This adds time and further increases the cost of trade deals.

To deal with this, the Trans Kalahari Corridor, a road network spanning about 1,900km across Botswana, Namibia and SA, was opened in 1998. The corridor has promoted crossborde­r trade and traffic as well as economic co-operation between these countries, but other corridors in Africa have been less successful.

In 2016, the Programme for Infrastruc­ture Developmen­t in Africa estimated that corridor inefficien­cies in the African Regional Transport Infrastruc­ture Network cost more than $75bn a year and that this was reducing intraregio­nal and internatio­nal competitiv­eness in Africa. It recommende­d that all Africa’s transport corridors should be converted into smart corridors, which use technology to improve roadway efficienci­es, to reduce these costs.

The developmen­t and improvemen­t of the physical infrastruc­ture connecting Africa, in all sectors, but particular­ly in transport, energy and telecommun­ications, are necessitie­s for greater African integratio­n. However, implementi­ng crossborde­r infrastruc­ture projects also has its challenges. The lack of harmonisat­ion of regulatory environmen­ts, for instance, can cause lengthy delays.

In a recent case study involving a gas pipeline in West Africa, several areas of regulation needed to be harmonised for the deal to be accomplish­ed. This was dealt with by intergover­nmental agreements and the project, from conception to first delivery, took 23 years.

The deal was heavily over budget as a result. What was meant to be a $400m project, eventually came in at close to $1bn. The project also struggled to attract private sector financing and had to be funded by the government­s involved, with some support from the World Bank through guarantees.

Clearly, regional harmonisat­ion is key to growth in Africa. There is a need for regional bodies, such as the regional economic communitie­s, to play a greater role in driving this harmonisat­ion.

Establishi­ng regional bodies that have teeth to impose sanctions if national government­s don’t adhere to intergover­nmental agreements is important. There should be a balance between national interest and regional interest. And too many and overlappin­g regional bodies could lead to regulatory arbitrage in that countries could pick and choose which regulation­s they want to adhere to.

Other challenges to greater harmonisat­ion include concerns about surrenderi­ng sovereignt­y.

Evidence suggests that within a certain region, the larger economies tend to dominate and benefit the most. SA has the most intraregio­nal trade of the other members in the Southern African Developmen­t Community. This means that there might be reluctance on the part of the smaller economies to pursue greater integratio­n. As such, value supply chains in Africa must be created so that smaller economies will also have something to contribute to the whole.

Funding regional infrastruc­ture is also a challenge. The private sector is reluctant to get involved in trans-border projects because of the level of complexity and risk (particular­ly the regulatory risk), so these deals must primarily be funded by developmen­t finance institutio­ns, export credit agencies and multilater­als.

Apart from providing funding, these institutio­ns also have a key role to play in derisking the transactio­n through their earlystage interventi­ons and helping national government­s establish harmonised regulatory frameworks. For example, Nepad’s (the New Partnershi­p for Africa's Developmen­t’s) infrastruc­ture project preparatio­n facility funds cover the prefeasibi­lity aspects of infrastruc­ture transactio­ns.

A truly integrated Africa would create a growing, thriving continent, with trade flourishin­g. Harmonisin­g its regulation­s, removing barriers to trade and improving infrastruc­ture links are challengin­g, but the rewards will be invaluable.

Okosi is a partner in the banking and finance practice of Baker McKenzie Johannesbu­rg.

 ?? /Cornell Tukiri ?? Let’s do business: Botswana President Ian Khama and President Jacob Zuma meet in Pretoria for bilateral talks.
/Cornell Tukiri Let’s do business: Botswana President Ian Khama and President Jacob Zuma meet in Pretoria for bilateral talks.

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